CSSIW has a positive and constructive relationship with the Public
Services Ombudsman Wales (PSOW) based on a clear understanding and
respect for each other’s independent roles. We have a
Memorandum of Understanding which is due for revision with the
imminent introduction of the Regulation and Inspection of Social
Care Wales Act 2016.

CSSIW registers
and inspects a wide range of care services. CSSIW has no powers in
relation to complaints about care services but is keen to follow up
any concerns arising from complaints and where necessary will take
enforcement action.

Regulations expect care
providers to have a clear complaints procedure. When people cannot
get satisfaction from a care provider and the care is funded by a
public authority they can take their complaint to the public
authority.

In Wales, where
the care is not funded, people can turn to the PSOW. Although the
take up has been low we believe the PSOW provides a very important
route for achieving resolution.

We are aware that
there are some issues which are contractual (e.g. fees) and where
CSSIW has no provenance. We also know that some providers give
notice to residents and their relatives when complaints are made.
The extent to which these matters are Trading Standards issues or
matters for the PSOW is an area for determination. The importance
of providing a safeguard in these matters will be highlighted in
the imminent Competition and Markets Authority report on the care
home market.

CSSIW also
inspects Local Authorities. There are specific regulations setting
out how complaints about Local Authorities must be handled with
ultimate recourse to the PSOW. CSSIW has no powers in relation to
complaints about Local Authorities but we do use the learning from
complaints to inform our inspections and to require
improvement.

CSSIW has also
been the subject of a small number of complaints raised with the
PSOW. We have found the PSOW to be clear when deciding which cases
will and will not be investigated and to be fair and where
necessary challenging in reaching its findings and making
requirements of us.

The committee asked for comments on the
following:

–The general
principles of the Public Services Ombudsman (Wales) Bill and the
need for legislation to deliver the stated policy
intention;

These seem sound
and build upon the arrangements currently in place.

–the provisions of the Bill which
set out the new powers for the Ombudsman to:

–accept oral
complaints;

We believe this
is important for the reasons stated.

We note that people using care are services are more likely to be
vulnerable and lack the ability and confidence to initiate a
written complaint.

Promoting accessibility to the PSOW enables greater equality and is
supportive of people’s rights.

The inclusion of
electronic communication is sensible going forward.

–undertake own initiative
investigations;

As explained in
the Bill, issues may surface for which no individual has locus,
insight or the intention to make a complaint but where a failure in
administration has resulted is poor outcomes. It will be important
for the PSOW to have clear criteria so PSOW responsibilities do not
overlap those of regulatory bodies. For example anonymous
complaints about care services. The strength of the PSOW function
is that it can look across public systems and at the
interconnectivity and systems failures where as regulatory bodies
are commonly concerned with constituent parts. This is also an
issue considered in the White Paper, Services Fit for the
Future, Quality and Governance in Health and Care in Wales

We do not have a
particular view on this. Clearly co-ordination and working closely
with Health Inspectorate Wales and the Community Health Councils
would need to be considered.

–undertake a role in relation to complaints handling
standards and procedures;

This would seem
sensible. The PSOW has much to contribute from the learning
reflected in the PSOW’s “casebook”. There is an
“invest to save” argument here. The more the PSOW can
to do to promote better complaint handling upstream the less the
PSOW should need to do to investigate complaints at a later
stage.

–any potential barriers to the
implementation of the Bill’s provisions and whether the Bill
takes account of them;

We do not have a particular view on this.

–the appropriateness of the powers
in the Bill for Welsh
Ministers to make subordinate legislation (as set out in Chapter 6 of Part 1 of the
Explanatory Memorandum);

These seem reasonable to enable future proofing of the Act and to
provide a mechanism to respond to changes and learning from PSOW
activity.

–whether there are any unintended
consequences arising from the Bill;

We do not have
identified any intended consequences.

–the financial implications of the
Bill (as set out in Part
2 of the Explanatory Memorandum);